[Senate Report 114-390]
[From the U.S. Government Publishing Office]
Calendar No. 696
114th Congress } { Report
2d Session } SENATE { 114-390
_______________________________________________________________________
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION TRANSITION AUTHORIZATION
ACT OF 2016
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ON
S. 3346
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
December 5, 2016.--Ordered to be printed
______________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2016
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii5
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
Calendar No. 696
114th Congress } { Report
SENATE
2d Session } { 114-390
======================================================================
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION TRANSITION AUTHORIZATION
ACT OF 2016
_______
December 5, 2016.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 3346]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 3346) to authorize the programs
of the National Aeronautics and Space Administration, and for
other purposes, having considered the same, reports favorably
thereon with an amendment (in the nature of a substitute) and
recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 3346 is to address concerns related to
potential instability at the National Aeronautics and Space
Administration (NASA) during a presidential transition and to
provide direction to the agency to continue to pursue current
commitments and investments. The bill would reaffirm key
policies and authorities to advance space exploration and
science with an overall authorization level of $19.508 billion
for fiscal year (FY) 2017.
Background and Needs
As NASA prepares to transition from one presidential
administration to the next, this bill would provide timely
reaffirmation of congressional support for sustaining a
national, Government-led space program. Challenges related to
past unilateral shifts in NASA core programs disrupted progress
in U.S. human space exploration. This bill would provide
stability and consistency of legislative direction for the
agency. This includes continuing development of the Space
Launch System (SLS) and Orion for deep space exploration,
continuing development of the James Webb Space Telescope
(JWST), and the continued operation of the International Space
Station (ISS).
Since Congress enacted the NASA Authorization Act of 2010
(42 U.S.C. 18301 et seq.; 2010 Act), there has been significant
progress in developing the authorized capabilities, including
the SLS and Orion. NASA continues to build on the success of
the Commercial Resupply Services Program (CRS Program) to
deliver cargo to the ISS. Additionally, NASA is working with
private sector companies as part of the Commercial Crew Program
to develop launch vehicles that will transport United States
government astronauts to the ISS from U.S. soil for the first
time since the retirement of the Space Shuttle. This would
reduce reliance on United States government astronauts
traveling to the ISS via the Russian Soyuz spacecraft.
International Space Station
For 15 years, the ISS has operated continuously, serving as
a key testbed for space exploration, and since 2010, as a
National Laboratory for scientific discovery. The U.S.
Commercial Space Launch Competitiveness Act (Public Law 114-90;
129 Stat. 704), enacted on November 25, 2015, directs NASA to
take necessary steps to extend the life of the ISS until
2024.\1\ The NASA Transition Authorization Act of 2016 would
support continued operations of the ISS, building on the
success of the CRS Program, and continued development of the
Commercial Crew Program.
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\1\NASA Human Exploration and Operations Mission Directorate, ``FY
2015 Program Review,'' p.3, March 2014.
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NASA's Commercial Resupply Services Program and Commercial Crew Program
Part of NASA's current balanced approach to space
exploration is the development of vehicles for both commercial
and Government missions. NASA has partnered with the commercial
space industry for cargo and crew delivery to the ISS as part
of both the CRS Program and Commercial Crew Program.\2\ To
address the cargo resupply needs, NASA initiated the Commercial
Orbital Transportation Services Program (COTS Program) in 2006
to partner with commercial aerospace companies to develop
orbital transportation services for delivering cargo to the
ISS. The COTS Program resulted in two companies, Space
Exploration Technologies (SpaceX) and Orbital ATK, developing
two new U.S. launch vehicles and two automated cargo spacecraft
that currently are providing orbital transportation services
and are supplying cargo to the ISS under the CRS Program.\3\ In
addition, on January 14, 2016, NASA awarded three CRS-2
contracts to SpaceX, Orbital ATK, and Sierra Nevada Corporation
to fulfill the next phase of cargo delivery service missions to
and from the ISS.\4\
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\2\NASA Authorization Act of 2010. P.L. 111-267. Sections 401-402,
at http://www.nasa.gov/pdf/649377main_PL_111-267.pdf.
\3\NASA Commercial Crew and Cargo Program Office, ``Overview,'' at
http://www.nasa.gov/offices/c3po/home/#.U78CUPldURo.
\4\Sierra Nevada Corporation, ``NASA Selects Sierra Nevada
Corporation's Dream Chaser Spacecraft for Commercial Resupply Services
2 Contract,'' N.p., January 14, 2016, at http://www.sncorp.com/AboutUs/
NewsDetails/2754.
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Since NASA's retirement of the Space Shuttle fleet in 2011,
the United States has been entirely dependent on the Russian
Soyuz spacecraft for transporting astronauts to and from the
ISS. This costs the United States upwards of $70 million per
seat.\5\ Ultimately, the COTS Program also envisioned the
development of a crew transportation service, and that effort
formed the basis of the Commercial Crew Program. On September
16, 2014, NASA announced awards to Boeing and SpaceX to further
develop crewed launch and in-space transportation services to
the ISS.\6\ Once U.S. commercial partners are able to provide
access to low-Earth orbit (LEO) and the ISS for crew, NASA
could transport United States government astronauts and reduce
its reliance on the Russian Soyuz.
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\5\Spaceflight Now, ``NASA buys six more seats on Russian Soyuz
spacecraft,'' April 30, 2013, at http://spaceflightnow.com/news/n1304/
30soyuzcontract/#.UZHK8iIo6Uk.
\6\NASA press release, ``NASA Chooses American Companies to
Transport U.S. Astronauts to the ISS,'' January 22, 2015, at http://
www.nasa.gov/press/2014/september/nasa-chooses-american-companies-to-
transport-us-astronauts-to-international/#.VNuRY514qX8.
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Space Launch System and Orion
As U.S.-based commercial space companies focus on
developing and improving capabilities for transportation to and
from the ISS, NASA is developing the capabilities for
exploration of deep space. To that end, the agency has been
developing the heavy-lift SLS rocket and the Orion. The SLS
program is proceeding in development and will utilize key
hardware from the Space Shuttle program, the most recognizable
of which are a variant of the side-mounted solid rocket
boosters for the first phase of flight. Once completed as
designed, the Orion will be able to transport four crew to deep
space. The first test flight of the Orion, Exploration Flight
Test 1, was successfully completed on December 5, 2014.
The first flight of the SLS with an uncrewed Orion is
anticipated in November 2018. Once ready, the test flight,
dubbed Exploration Mission-1 (EM-1), is planned to demonstrate
the capability of both the SLS rocket and Orion as an
integrated system. Then, in 2021, the first manned mission for
SLS and Orion is scheduled to launch along the same trajectory
as EM-1, to a lunar flyby, bringing the crew to space for up to
two weeks.\7\ This heavy-lift rocket will have more than two
and one half times the lift capability of any rocket currently
in operation, and 20 percent more thrust than the Saturn V
rocket used during the Apollo era. The SLS and Orion will
enable space exploration beyond LEO for the first time since
the 1970s.
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\7\NASA, Exploration Systems Development, at http://www.nasa.gov/
sites/default/files/files/ESD_FactSheet_TAGGED.pdf.
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Exploration Strategy
NASA's current human space exploration plan is to extend
human presence into deep space and on to Mars, including a
mission to explore a near-Earth asteroid, while continuing to
develop both commercial cargo and commercial crew
capabilities.\8\ The current long-term goal for NASA's
exploration program is to ultimately send humans to Mars by the
2030s. In doing so, NASA expects that our human and robotic
explorers will expand our knowledge and discover the potential
for life beyond Earth.
---------------------------------------------------------------------------
\8\U.S. Congress, Subcommittee on Space, House Committee on
Science, Space, and Technology, Testimony of NASA Administrator Charles
Bolden, March 27, 2014, H. Hrg. 113-70, at http://science.house.gov/
sites/republicans.science.house.gov/files/documents/HHRG-113-SY16-
WState-CBolden-20140327.pdf.
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According to NASA, the agency is implementing a multiple
destination exploration strategy using a ``capability driven
approach.'' The strategy is intended to enable the incremental
buildup of capabilities over time to reach further into deep
space and develop the sustainable architectures for more
complex missions, such as a human mission to Mars.
Summary of Provisions
This bill would authorize funding levels for all of NASA,
but focus on policy direction designed to send a message of
congressional support to sustain our existing national space
commitments and investments. Matters not specifically addressed
in S. 3346 defer to existing policy direction contained in the
2010 Act and title 51 of the United States Code (relating to
National and Commercial Space Programs). The bill is arranged
thematically by title to cover key transition issues rather
than by the more traditional organization by NASA's mission
directorates.
Sustaining national space commitments
To address the main theme, sustaining national space
commitments, the bill would address concerns related to
instability at the agency during a presidential transition. The
bill would reaffirm key policies and authorities to advance
space exploration and science with an overall authorization
level of $19.508 billion for FY 2017. The bill also would
direct the continued development of SLS and Orion crew for deep
space exploration, operation of the ISS and JWST, and a
continued commitment to a national, Government-led, space
program.
Maximizing utilization of the International Space Station and low-Earth
orbit
To address maximizing utilization of the ISS and LEO, the
bill would support continued operations of the ISS and ISS
National Laboratory. The bill also would build on the success
of the CRS Program, and direct continued development of the
Commercial Crew Program. Additionally, the bill would require
NASA to submit a report to Congress outlining an ISS Transition
Plan, to facilitate a transformation of Government operations
in LEO to a more commercially viable concept of operations
sometime in the future.
Advancing human deep space exploration
To address human deep space exploration, the bill would
direct NASA to continue the development of the key deep space
exploration programs. The bill would support continuing the
development of SLS and Orion, including specific milestones for
an uncrewed exploration mission by 2018, and a crewed
exploration mission by 2021.
The bill also would require NASA to submit a plan to
Congress on a strategic framework and critical decision plan on
extending human presence beyond LEO to deep space and
eventually to Mars, including the cadence of future exploration
missions. The bill also would amend existing law and direct
NASA to manage human space flight programs to enable humans to
explore Mars and other destinations. Amid growing costs and
concerns about the Asteroid Robotic Redirect Mission (ARRM),
the bill would direct NASA to provide an evaluation of
alternative approaches, in addition to ARRM, for demonstrating
technologies and capabilities needed for a human mission to
Mars.
To address the long-term effects of space on astronaut's
health, the bill would authorize NASA to provide for the
medical monitoring, diagnosis, and treatment of astronauts,
including scientific and medical tests for psychological and
medical conditions, deemed by NASA to be associated with human
space flight. The bill also would recognize insights gained
from United States government astronaut Scott Kelly's 340-day
space mission aboard the ISS.
Advancing space science
To address advancing space science, the bill would continue
progress on a balanced science portfolio, including the JWST,
Wide-Field Infrared Survey Telescope (WFIRST), Mars 2020 Rover,
and a Europa mission.
Maximizing efficiency and improving cybersecurity
To maximize efficiency, the bill would direct steps to
improve agency-wide management and oversight over information
technology operations and investments and information security
programs for the protection of NASA systems. The bill also
would implement a number of Office of Inspector General and
Government Accountability Office (GAO) identified deficiencies.
Additionally, the bill would improve inter-disciplinary
collaboration and planning across NASA's mission directorates
to maximize outcomes for projects or missions.
To improve cybersecurity, the bill would require the
Administrator of NASA to develop an agency-wide security plan.
The bill also would require the Administrator of NASA to ensure
the NASA Chief Information Officer (NASA CIO) has a significant
role in relevant management and oversight.
Legislative History
On September 15, 2016, S. 3346, the National Aeronautics
and Space Administration Transition Authorization Act of 2016,
was introduced and was referred to the Committee on Commerce,
Science, and Transportation of the Senate. S. 3346 is sponsored
by Senator Cruz and cosponsored by Senators Nelson, Rubio,
Peters, Wicker, Udall, Thune, Cantwell, and Murray.
The Committee held a related hearing entitled ``NASA at a
Crossroads: Reasserting American Leadership in Space
Exploration'' on July 13, 2016, and received testimony from:
Mr. William H. Gerstenmaier, Associate Administrator of Human
Exploration and Operations, NASA; Dr. Mary Lynne Dittmar,
Executive Director, Coalition for Deep Space Exploration; Mr.
Mike Gold, Vice President of Washington Operations, SSL; Mr.
Mark Sirangelo, Vice President of Space Systems Group, Sierra
Nevada Corporation; and Professor Dan Dumbacher, Professor of
Engineering Practice, Purdue University. The hearing focused on
the importance of ensuring consistency in policy to best
leverage investments made in human space exploration. The
hearing also explored questions facing the agency related to
the upcoming presidential transition.
A related bill, H.R. 810, the National Aeronautics and
Space Administration Authorization Act of 2015, was introduced
in the House of Representatives on February 9, 2015, by
Representatives Palazzo, Edwards, Smith, Johnson, and Brooks.
H.R. 810 would provide funding levels for FY 2015 and is
largely based on a measure introduced by the Committee on
Science, Space, and Technology of the House of Representatives
in a prior Congress. That committee did not mark up the
measure. The House of Representatives passed H.R. 810 by voice
vote on February 10, 2015.
Subsequently in the House of Representatives, H.R. 2039,
the National Aeronautics and Space Administration Authorization
Act for 2016 and 2017, was introduced by Representatives
Palazzo, Smith, Culberson, Lucas, Bridenstine, Weber,
Loudermilk, Rohrabacher, McCaul, Hultgren, Moolenaar, Knight,
Babin, Comstock, Brooks, Johnson, and Posey on April 28, 2015.
This bill was favorably reported out of the Committee on
Science, Space, and Technology of the House of Representatives
on April 30, 2015, by a vote of 19-15. H.R. 2039 was not
considered by the full House of Representatives.
On September 21, 2016, the Committee on Commerce, Science,
and Transportation of the Senate met in open Executive Session
to consider S. 3346, and ordered, by voice vote, the bill to be
reported favorably with an amendment (in the nature of a
substitute).
Several amendments were adopted by voice vote. Senator
Blumenthal sponsored an amendment, as modified, which would
alter the provision on advanced space suit capability. Senators
Cruz and Nelson sponsored two amendments: one to make a few
exploration-related changes; and the other to authorize NASA to
indemnify certain launch providers for missions that are not
licensed commercially by the Federal Aviation Administration
and thus are not afforded the indemnification regime under the
Commercial Space Launch Act (Public Law 98-575; 98 Stat. 3055).
Senator Gardner sponsored two amendments: one amendment, as
modified, to provide for the leveraging of commercial satellite
servicing capabilities across NASA mission directorates; and
the other amendment, as modified, to improve the provision in
the bill on the strategic framework for human spaceflight and
exploration. Senators Nelson, Cruz, and Rubio sponsored an
amendment to improve the section of the bill on commercial
space launch cooperation. Senator Udall sponsored an amendment,
as modified, to expand the development of technology payloads
for scientific research. There were no second degree
amendments.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 3346--National Aeronautics and Space Administration Transition
Authorization Act of 2016
Summary: S. 3346 would amend current law and authorize the
appropriation of $19.5 billion in 2017 for the National
Aeronautics and Space Administration (NASA). The legislation
would reaffirm existing policy regarding use of the
International Space Station (ISS) and would require NASA to
develop a transition plan that would enable greater
participation in the ISS and low-earth orbit by NASA's industry
partners and additional partner countries. It also would
require NASA to develop propulsion technologies intended to
reduce travel time to Mars and a strategic framework for human
space flight to Mars.
Assuming appropriation of the specified amount, CBO
estimates that implementing the legislation would cost $19.4
billion over the 2017-2021 period.
CBO also estimates that enacting the legislation would
increase net direct spending by $35 million over the 2017-2026
period; therefore, pay-as-you-go procedures apply. Enacting the
bill would not affect revenues.
CBO estimates that enacting the bill would not increase net
direct spending or on-budget deficits by more than $5 billion
in any of the four consecutive 10-year periods beginning in
2027.
S. 3346 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 3346 is shown in the following table.
The costs of this legislation fall within budget function 250
(general science, space, and technology).
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By fiscal year, in millions of dollars--
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2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017-2021 2017-2026
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level............................ 19,509 0 0 0 0 0 0 0 0 0 19,509 19,509
Estimated Outlays........................................ 12,266 5,917 947 233 79 0 0 0 0 0 19,442 19,442
INCREASES IN DIRECT SPENDING
Estimated Budget Authority............................... 0 2 3 4 4 5 5 5 6 6 13 40
Estimated Outlays........................................ 0 1 2 3 4 4 5 5 5 6 10 35
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Basis of estimate: For this estimate, CBO assumes S. 3346
will be enacted before the end of calendar year 2016 and that
the necessary amounts will be appropriated for that year.
Estimated outlays are based on historical spending patterns for
existing programs.
Spending subject to appropriation
S. 3346 would authorize appropriations totaling $19.5
billion to finance the activities of NASA for fiscal year 2017.
In 2016, NASA received an appropriation of $19.3 billion. Based
on historical spending patterns, CBO estimates that
implementing the bill would cost $19.4 billion over the 2017-
2021 period. Specifically, the bill would authorize
appropriations for the following activities:
$5.4 billion for programs under NASA's
Science account. In 2016, those programs received an
appropriation of $5.6 billion;
$4.5 billion for NASA activities related to
space exploration. In 2016, exploration programs
received an appropriation of $4.0 billion;
$5.0 billion for programs within space
operations. In 2016, those programs received an
appropriation of $5.0 billion;
$2.8 billion for NASA expenses related to
safety, security, and mission services. Those programs
received an appropriation of $2.8 billion in 2016; and
$1.8 billion in 2017 for other NASA
activities, including aeronautics, space technology,
education, construction and environmental compliance
and restoration, and the NASA inspector general. In
2016, those programs received appropriations totaling
$1.9 billion.
Direct spending
By authorizing private parties to provide funds or other
in-kind support for improvements to NASA's space transportation
infrastructure, CBO estimates that enacting S. 3346 would
increase direct spending by $40 million over the next 10 years.
Provisions of the bill that would modify NASA's authority to
indemnify contractors for certain losses also could affect
direct spending, but CBO estimates that any such effects would
not be significant over the 10-year period.
Financing of Space Transportation Infrastructure. Section
623 would authorize NASA to accept funds, services, and
equipment from nonfederal entities for improvements to the
agency's space transportation infrastructure. Agreements with
nonfederal entities would be subject to various conditions,
including criteria focused on promoting greater use of NASA's
facilities by the private sector, requirements for documenting
the ownership and usage rights for the affected assets or
services, restrictions on investors' ability to directly
recover their costs from the government, and directives for
NASA to treat such cash or in-kind investments in a manner
consistent with existing laws regarding the sale or use of
space transportation property or services.
Based on information from NASA, CBO expects that this new
authority would primarily be used at the Kennedy Space Center
(KSC) in Florida and the Wallops Flight Facility in Virginia.
NASA's strategic plans for those sites call for NASA to retain
ownership and control over the land and key assets but to
gradually shift operational and financial responsibility for
most space launch services to nonfederal entities.\1\ As part
of that transition, NASA has transferred certain launch pads,
buildings, and services to the states and private-sector firms
by exercising its existing leasing and contractual authorities.
Reports on aeronautical facilities in Florida suggest that
nonfederal entities are able to obtain financing for projects
at such sites when they can secure the debt with project cash
flows, liens on assets, or assignments of rights to use federal
facilities, where applicable.\2\
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\1\See Kennedy Space Center, Future Development Concept, 2012-2031,
p. 17. http://www.nasa.gov/centers/kennedy/pdf/634026main_future-
concept.pdf.
\2\See Space Florida, Florida Economic Development Financing and
Incentives Available to Aerospace Companies, June, 2013. http://
www.spaceflorida.gov/docs/fact-sheets/florida-economic-development-
incentives-update-6-4-2013.pdf?sfvrsn=2.
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CBO expects that the authorities provided by section 623
would be used for projects that could not be implemented using
NASA's existing authorities to obtain financing; such projects
would probably involve infrastructure or services that are
owned or controlled by NASA with the new agreements providing
the contractual assurances necessary to allow private partners
to secure financing. There is a mix of federal and nonfederal
uses at KSC and the Wallops Flight Facility and CBO estimates
that federal users would receive about half of the benefit of
those investments. Although the legislation would prohibit
commercial firms from directly charging NASA for the cost of
any infrastructure improvements to federal facilities, CBO
expects those firms would recover some of their investments
from NASA. CBO considers private financing on behalf of the
federal government for government activities to be similar to
an agency using federal borrowing authority to improve its
physical infrastructure. Such indefinite borrowing authority is
classified as direct spending because funding to cover the full
cost of the project is not provided in advance in appropriation
acts.
Considering trends in NASA's capital expenditures and
spending by private firms on aeronautical facilities, CBO
estimates that implementing S. 3346 would increase net direct
spending by an average of about $4 million a year, or $35
million over the 2017-2026 period. Such spending would be
equivalent to less than 5 percent of the average amounts
appropriated for construction-related activities at KSC over
the last five years, reflecting CBO's expectation that the
legal and financial complexity of these transactions would
limit their use during this period. That cost also would be
less than 10 percent of the $480 million in financing arranged
by the state of Florida for aerospace facilities over the 2000-
2013 period.
Indemnification of Launch and Recovery Services. Section
304 would modify the statutory framework governing NASA's
liability for certain third-party claims stemming from space
launch or reentry activities that are classified as nuclear or
unusually hazardous in nature. CBO estimates that implementing
section 304 would change the allocation of risk to NASA from
its contractors but would have no significant net effect on
direct spending or spending subject to appropriation.
NASA's existing authority and policy is to indemnify
contractors involved in activities using nuclear or unusually
hazardous materials from any liability that exceeds $500
million per vehicle launch or reentry.\3\ Any federal payments
for damage claims made under this existing authority are not
subject to appropriation.
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\3\NASA's existing authority derives from a 1958 statute regarding
national defense contracts (Public Law 85-804), which was made
applicable to NASA by Executive Order 10789, as amended.
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Under the bill, NASA could set the liability of its
contractors for each vehicle launch or reentry at an estimate
of the maximum probable loss from the launch or reentry,
subject to a ceiling of either $500 million or the amount of
liability insurance available on the world market at a
reasonable cost. The bill also would allow NASA to limit the
government's liability for third-party claims to $3 billion
(plus additional amounts to account for future changes in
inflation). Finally, NASA would initially be required to pay
any such claims using finds provided in appropriation acts.\4\
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\4\If NASA were obligated to pay claims in excess of the amounts
available from private insurance and appropriations, CBO assumes that
any additional payments would be made from the Claims and Judgments
Fund. Such spending would be an increase in direct spending.
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CBO estimates that NASA's liability for claims of less than
$500 million probably would increase under the bill because
firms historically have been required to provide less than $100
million in primary insurance when the coverage is based on
estimates of the maximum probable loss. On the other hand, the
bill also would allow NASA to limit the government's liability
for third party losses to $3 billion. CBO estimates that those
changes would have no significant net budgetary effect over the
2017-2026 period because the probability of events leading to
significant damage claims by third-parties is very small and
because private insurance has been sufficient to cover previous
claims associated with vehicle launches and reentries.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 3346, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON SEPTEMBER 21,
2016
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By fiscal year, in millions of dollars--
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2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017-2021 2017-2026
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NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact.............................. 0 1 2 3 4 4 5 5 5 6 10 35
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Increase in long-term direct spending and deficits: CBO
estimates that enacting the bill would not increase net direct
spending or on-budget deficits by more than $5 billion in any
of the four consecutive 10-year periods beginning in 2027.
Intergovernmental and private-sector impact: S. 3346
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Tiffany Arthur and
Kathleen Gramp; Impact on state, local, and tribal governments:
Jon Sperl; Impact on the private sector: Paige Piper-Bach.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
The bill would cover the employees of NASA and a portion of
the employees at companies that contract with NASA. S. 3346
would not expand the number of people affected by Government
regulations. Entities participating in NASA programs already
participate subject to regulations and the Committee does not
anticipate expansion of those covered.
economic impact
The bill would authorize additional spending by the Federal
Government. Under the bill, authorizations of appropriations
for NASA for fiscal year 2017 would be $19.508 billion.
privacy
Recent data breaches at NASA have shown that NASA's
security posture is ineffective and that changes are required
to protect the personal privacy of NASA employees, contractors,
and others. S. 3346 would direct: updated requirements reducing
impacts on personal privacy based on directives for NASA to
update, streamline, and improve its management, governance, and
oversight related to information technology operations; and
investments and information security programs for the
protection of NASA systems.
paperwork
The bill would require NASA to produce 12 reports, plans,
and evaluations, some of which are updated existing reports,
and some of which are required annually or periodically based
on certain circumstances.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title; table of contents.
This section would provide the short title and table of
contents for the Act.
Section 2. Definitions.
This section would provide definitions for key terms used
throughout the Act.
Title I - Authorization of appropriations
Section 101. Fiscal year 2017.
This section would authorize appropriations for NASA for FY
2017 at $19.508 billion.
Title II - Sustaining national space commitments
Section 201. Sense of Congress on sustaining national space
commitments.
This section would state the sense of Congress that the
United States should sustain and build upon its national space
commitments and investments across presidential administrations
with a continuity of purpose to advance recent achievements in
space exploration and space science. Further, this section
would state the sense of Congress that: the United States can
best leverage its space program investments by continuing to
develop a balanced portfolio for space exploration and space
science, including the continued development of the SLS and
Orion; and having a national, Government-led space program is
of critical importance to the United States.
Finally, this section would make clear the sense of
Congress that NASA is, and should remain, a multi-mission
agency with a balanced and robust set of core missions in
science, space technology, aeronautics, human space flight and
exploration, and education.
Section 202. Findings.
This section would make the finding that challenges of the
past have: disrupted the completion of major space systems
thereby impeding the planning and pursuit of national
objectives in human space exploration; placed the Nation's
investment in space exploration at risk; and substantially
degraded the industrial base for aerospace. This section also
would make it clear that the 2010 Act reflects a broad, bi-
partisan agreement on the path forward for NASA's core
missions, and serves as the foundation for the policy updates
found in this Act. Additionally, this section would underscore
that Congress finds that it is imperative that the United
States sustain the investment and maximize the utilization of
the ISS and ISS National Laboratory, and would highlight the
importance of NASA continuing to make progress with the
development of the Commercial Crew Program and of NASA having a
continuity of purpose.
Title III - Maximizing utilization of the ISS and low-Earth orbit
Section 301. Operation of the ISS.
This section would state the sense of Congress that: after
15 years of continuous human presence in LEO, the ISS continues
to overcome challenges and operate safely; the expansion of
partnerships, scientific research, commercial applications, and
exploration testbed capabilities of the ISS is essential to
ensuring the greatest return on U.S. investments; the stable
and successful Commercial Cargo Program and Commercial Crew
Program are critical to ensuring timely provisioning of the ISS
and to reestablishing the capability to launch United States
government astronauts from U.S. soil into orbit; sustaining
U.S. leadership and progress in human space exploration is
enabled by continuing utilization of the ISS; NASA should
continue to support the development of the Commercial Crew
Program as planned to end reliance upon Russian transport of
United States government astronauts to the ISS which has not
been possible since the retirement of the Space Shuttle program
in 2011; and the ISS should continue to provide a platform for
fundamental microgravity, discovery-based space life and
physical sciences research.
This section also would reaffirm that it is the policy of
the United States, in consultation with its international
partners, to support full and complete utilization of the ISS
through at least 2024.
Section 302. Transportation to ISS.
This section would state the sense of Congress that: NASA
should build upon the success of the COTS Program and CRS
Program that have allowed private sector companies to partner
with NASA to deliver cargo and scientific experiments to the
ISS since 2012; and once certified and fully operational, the
Commercial Crew Program transportation systems should serve as
the primary means of transporting United States government
astronauts and international partner astronauts from U.S. soil
to and from the ISS; and these transportation systems should
have the capability of serving as ISS emergency crew rescue
vehicles. This section also would make it clear that it is the
sense of Congress that the 21st Century Launch Complex Program
has enabled significant modernization and infrastructure
improvements at launch sites across the United States and that
the program should be continued in a manner that leverages
State and private investments to achieve the goals of the
program.
This section also would state the policy of the United
States that services for Federal Government access to, and
return from, the ISS, whenever practicable, shall be procured
via fair and open competition for well-defined, milestone-
based, Federal Acquisition Regulation-based contracts. This
section also would make a technical amendment to existing law
and direct NASA to protect the safety of U.S. crews by ensuring
commercial crew systems meet all applicable human rating
requirements in accordance with law.
Section 303. ISS transition plan.
This section would include the findings of Congress that
NASA has been both the primary supplier and consumer of human
space flight capabilities and services of the ISS and in LEO.
The section would express the sense of Congress that an orderly
transition is needed for U.S. human space flight activities in
LEO from the current regime, that relies heavily on NASA
sponsorship, to a regime where NASA is one of many customers of
a LEO commercial human space flight enterprise.
This section would direct NASA, in coordination with the
ISS management entity, ISS partners, and the commercial space
sector, to develop a plan to transition in a step-wise approach
from the current regime to a regime where NASA is one of many
customers of a LEO commercial human space flight enterprise.
Further, this section would require NASA to submit a report to
the appropriate committees of Congress, not later than December
1, 2017, and triennially thereafter until 2023, that includes
an outline of specific details of an ISS transition.
Section 304. Indemnification; NASA launch services and reentry
services.
This section would amend subchapter III of chapter 201 of
title 51, United State Code, to grant NASA the authority to
indemnify contractors providing launch services for the agency
for launches that are by the Government and for the Government
and thus are not commercially licensed by the Secretary of
Transportation and are accordingly not afforded the
indemnification protection provided by the United States
Government for such launches. The authority would largely
mirror the Secretary of Transportation's existing authority for
commercially licensed launches. The section would authorize the
Administrator of NASA in a contract with a provider to
indemnify the provider against successful claims by third
parties for death, bodily injury, or loss of or damage to
property resulting from launch services and reentry services
carried out under the contract that the contract defines as
unusually hazardous or nuclear in nature. Further, this section
would describe the scope of the indemnification by the United
States Government, the terms of indemnification, and the
required liability insurance of the provider.
The section would require a provider to obtain insurance or
demonstrate financial responsibility for the maximum probable
losses, as determined by the Administrator, in an amount not to
exceed $500 million for third party losses and $100 million for
losses by the Government, or the maximum liability insurance
available on the global market at reasonable cost. The section
would limit indemnification to the limit on commercial launch
indemnification provided in section 50915 of title 51, United
States Code. The section would require that the insurance
policy or demonstration of financial responsibility protect the
Government and its personnel and related entities, the provider
and its related entities, and any government astronauts
involved in the launch services.
The section also would require that the Government and
provider enter into a reciprocal waiver of claims with certain
limitations. The authority would require that any payment made
under the section be certified to be just and reasonable by the
Administrator of NASA and that such payments be subject to
congressional appropriations. The section would clarify that
the authority granted does not in any way limit the
Administrator of NASA from using other appropriate authorities
to provide indemnification for Government contractors.
Title IV - Advancing human deep space exploration
Subtitle A - Human exploration goals and objectives
Section 411. Human exploration long term goals.
This section would amend existing law regarding the long
term goals of the human space flight and exploration efforts of
NASA. The amendment made by this section would add to the long
term goals of the human space flight and exploration efforts of
NASA by authorizing the inclusion of academic and industry
partners in NASA's efforts to expand permanent human presence
beyond LEO. The long term goals also would include the peaceful
settlement of a location in space or on another celestial body
and a thriving space economy in the 21st Century.
Section 412. Goals and objectives.
This section would amend existing law to add the
achievement of human exploration of Mars, including the
establishment of a capability to extend human presence,
including potential human habitation, on the surface of Mars,
as one of the goals and objectives of NASA.
Section 413. Vision for space exploration.
This section would amend existing law to direct NASA to
manage human space flight programs to enable humans to explore
Mars and other destinations by defining a series of sustainable
steps and conducting mission planning and research and
technology development on a timetable that is technically and
fiscally possible.
Section 414. Exploration plan and programs.
This section would amend existing law to authorize NASA to
implement an exploration research and technology development
program to enable human and robotic operations.
Section 415. Stepping stone approach to exploration.
This section would amend existing law to direct NASA to
take all necessary steps to ensure that activities in its human
exploration program are designed and implemented in a manner
that gives strong consideration to how those activities might
also help meet the requirements of future exploration and
utilization activities leading to human habitation on the
surface of Mars. Further, this section would require NASA,
within budgetary considerations, to seek to complete any
exploration-related project, once it has entered its
development phase, without delay.
Subtitle B - Assuring core capabilities for exploration
Section 421. Space Launch System and Orion.
This section would include the findings of Congress that
NASA has made steady progress in developing and testing the SLS
and Orion exploration systems. It would further state that
through the 21st Century Launch Complex Program and Exploration
Ground Systems Programs, NASA has made significant progress in
transforming exploration ground systems infrastructure to meet
NASA's mission requirements for the SLS and Orion. Finally, it
would recognize that these programs are meeting mission
objectives to modernize NASA's launch complexes to the benefit
of the civil, defense, and commercial space sectors.
This section would express the sense of Congress that the
United States National Space Program should continue to make
progress on its commitment by fully developing the SLS, Orion,
and related exploration ground systems. Further, Congress would
express its support for NASA providing its contractors with the
proper indemnification for launch vehicles, launch vehicle
hardware, and launch services procured by NASA in support of
NASA missions. This would include application of
indemnification under Public Law 85-804 (50 U.S.C. 1431 et
seq.) to the SLS and Orion, which are being contemplated for a
wide range of missions, and would facilitate the national
defense, science, and exploration objectives of the United
States. Finally, it would express the sense of Congress that
the United States should have continuity of purpose for the SLS
and Orion in deep space exploration missions.
Further, this section would direct NASA to continue the
development of an uncrewed exploration mission to demonstrate
the capability of both the SLS and Orion as an integrated
system by 2018. The section would direct NASA to continue
development toward a crewed exploration mission to demonstrate
the SLS, including the Core Stage and Exploration Upper Stage,
and the crewed Orion by 2021. The section further would direct
NASA to develop subsequent missions beginning with EM-3 using
the SLS and Orion to extend into cis-lunar space and eventually
to Mars, and a deep space habitat as the next element in a deep
space exploration architecture along with the SLS and Orion.
Finally, this section would direct NASA to assess the utility
of the SLS for use by the science community and for other
Federal Government launch needs.
Subtitle C - Journey to Mars
Section 431. Space technology infusion.
This section would express the sense of Congress that
advancing propulsion technology would improve the efficiency of
trips to Mars and could shorten travel time to Mars and reduce
astronaut health risks, reduce radiation exposure, consumables,
and mass of materials required for the journey. This section
would direct NASA to develop technologies to support its core
missions while also supporting sustained investments in early
stage innovation and fundamental research and technologies to
expand the boundaries of the national aerospace enterprise.
Finally, this section would state that one goal of the
propulsion technologies developed under the direction in this
section is to reduce human travel time to Mars.
Section 432. Findings on human space exploration.
This section would state that Congress finds that the
National Academies of Sciences, Engineering, and Medicine,
through its Committee on Human Spaceflight, conducted a review
of the goals, core capabilities, and direction of human space
flight, and published the findings and recommendations in a
2014 report entitled, ``Pathways to Exploration: Rationales and
Approaches for a U.S. Program of Human Space Exploration.''
This section would highlight some of the findings and
recommendations in that report, including affirmation that Mars
is the appropriate long-term goal for the human space flight
program and a recommendation that NASA define a series of
sustainable steps and conduct mission planning and technology
development as needed to eventually place humans on the surface
of Mars.
Section 433. Strategic framework for human spaceflight and exploration.
This section would express the sense of Congress that
expanding human presence beyond LEO and advancing toward human
missions to Mars in the 2030s requires early planning and
timely decisions to be made in the near-term; specifically,
decisions on the necessary courses of action for commitments to
achieve short-term and long-term goals and objectives. Further,
this section would express the sense of Congress that for
strong and sustained U.S. leadership, a need exists to advance
a strategic framework addressing exploration objectives, in
collaboration with international, academic, and industry
partners.
This section would direct NASA to develop a strategic
framework, including a critical decision plan, to expand human
presence beyond LEO, including cis-lunar space, the moons of
Mars, the surface of Mars, and beyond. The framework and the
critical decision plan would both be required to include
specific details and would need to be developed and submitted
to the appropriate committees of Congress before December 1,
2017. An updated strategic framework, including an updated
critical decision plan, would be required every 2 years
thereafter.
Section 434. Advanced space suit capability.
This section would direct NASA to submit a detailed plan
for achieving an advanced space suit capability that aligns
with the crew needs for exploration enabled by the SLS and
Orion, including an evaluation of the merit of delivering the
planned space suit system for use on the ISS, to the
appropriate committees of Congress no later than 90 days after
the date of enactment of this Act.
Section 435. Asteroid Robotic Redirect Mission.
This section would include the findings of Congress that
the costs of the ARRM are growing and that NASA must evaluate
whether to accept the increase in cost or reduce the ARRM's
scope to stay within the $1.25 billion cost cap previously set
by the Administrator of NASA.
Additionally, this section would state that Congress finds
that, in the past, the NASA Advisory Council has made
recommendations to NASA regarding the cost and scope of the
ARRM and has expressed its concern to NASA about the potential
for growing costs for the program. This section would highlight
that the NASA Advisory Council believes the development of high
power solar electric propulsion and the ability to maneuver in
a low gravity environment in deep space are the key priorities
of the ARRM. This section also would state that Congress finds
that the ARRM is competing for resources with other critical
exploration development programs, including the SLS, Orion,
commercial crew, and habitation module.
This section would express the sense of Congress that the
technological and scientific goals of the ARRM may not be
commensurate with the cost, and that alternative missions may
provide a more cost effective and scientifically beneficial
means to demonstrate the technologies needed for a human
mission to Mars.
Finally, this section would require that, within 180 days
of the date of enactment of this Act, NASA conduct and provide
the appropriate committees of Congress with an evaluation and
report consisting of: alternative approaches to the ARRM for
demonstrating the technologies needed for a human mission to
Mars; the scientific, technical, and commercial benefits of the
alternative approaches identified; and a comparison of the
estimated costs of the alternative approaches identified.
Subtitle D - Scott Kelly Human Space Flight and Exploration Act
Section 441. Short title.
This section would provide the short title for subtitle D
of this Act.
Section 442. Findings; sense of Congress.
This section would state Congress' findings that human
space exploration can pose significant challenges and is full
of substantial risk, including increased health risks for
astronauts who may be exposed to high levels of radiation.
Additionally, this section would highlight Congress' finding
that United States government astronaut Scott Kelly
participated in a 1-year twins study in space to advance the
goal of long-duration space flight missions. The section would
find that NASA currently provides medical monitoring,
diagnosis, and treatment for United States government
astronauts during their active employment. Congress would also
find that NASA has requested statutory authority from Congress
to provide medical monitoring, diagnosis, and treatment for
former United States government astronauts or payload
specialists due to the unknown long-term health consequences of
long-duration space exploration.
This section would express the sense of Congress that the
United States should continue to seek the unknown and lead the
world in space exploration, that data relating to the health of
astronauts will become increasingly valuable, and that NASA
should provide monitoring, diagnosis, and treatment for United
States government astronauts solely for conditions considered
unique to the training or exposure to the spaceflight
environment.
Further, this section would express the sense of Congress
that NASA should not require any former United States
government astronauts to participate in any medical monitoring.
This section would express the sense of Congress that such
monitoring, diagnosis, and treatment should not replace a
former United States government astronaut's private health
insurance, and that the expanded data acquired from such
monitoring, diagnosis, and treatment should be used to tailor
treatment, inform the requirements for new spaceflight medical
hardware, and develop controls in order to prevent disease
occurrence in the astronaut corps.
Finally, this section also would express the sense of
Congress that the 340-day space mission of Scott Kelly aboard
the ISS generated new insight into how the human body adjusts
to weightlessness, isolation, radiation, and the stress of
long-duration space flight and will help support the physical
and mental well-being of astronauts during longer space
exploration missions in the future.
Section 443. Medical monitoring and research relating to human space
flight.
This section would amend subchapter III of chapter 201 of
title 51, United States Code, to authorize NASA to provide for
the medical monitoring, diagnosis, and treatment of a United
States government astronaut, or a former United States
government astronaut or payload specialist, for conditions that
the Administrator of NASA considers associated with human space
flight, including scientific and medical tests for
psychological and medical conditions.
Further, the amendment made by this section would prohibit
NASA from: requiring medical monitoring, diagnosis, or
treatment of a United States government astronaut, or a former
United States government astronaut or payload specialist, for
any psychological or medical condition that is not associated
with human space flight; or requiring a former United States
government astronaut or payload specialist to participate in
the monitoring authorized in this section.
Further, the amendment made by this section to title 51,
United States Code, would require NASA to protect the privacy
of all medical records generated as a result of the new section
of that title in a way that is consistent with current privacy
law, and to issue such regulations as are necessary to carry
out the new section of that title.
Title V - Advancing space science
Section 501. Maintaining a balanced space science portfolio.
The amendment made by this section would restate the
current sense of Congress that a balanced and adequately funded
set of activities, consisting of research and analysis grants
programs, technology development, suborbital research
activities, and small, medium, and large space missions,
contributes to a robust and productive science program and
serves as a catalyst for innovation and discovery and that NASA
should set science priorities by following the guidance
provided by the scientific community through the National
Academy of Sciences' decadal surveys.
Section 502. Planetary science.
This section would underscore that Congress finds that:
NASA's support for planetary science is critical to enabling
greater understanding of the solar system and the origin of the
Earth; the United States leads the world in planetary science
and can augment its success in that area with appropriate
international partnerships; a mix of small, medium, and large
planetary science missions is required to sustain a steady
cadence of planetary exploration; and robotic planetary
exploration is a key component of preparing for future human
exploration.
This section would direct NASA to ensure, to the greatest
extent practicable, the completion of a balanced set of
Discovery, New Frontiers, and flagship missions that build on
NASA's accomplishments with a promise of new, inspiring
discoveries in the future. Additionally, this section would
authorize NASA to seek, if necessary, adjustments to mission
priorities, schedule, and scope in light of changing budget
projections.
Section 503. James Webb Space Telescope.
This section would state that it is the sense of Congress
that: the JWST should significantly advance our understanding
and knowledge of star and planet formation and of the early
universe, and should support U.S. leadership in astrophysics;
and NASA should continue robust surveillance of the performance
of the JWST project and continue to improve the reliability of
cost estimates and contractor performance data and other major
spaceflight projects in order to enhance NASA's ability to
successfully deliver the JWST on-time and within budget.
Section 504. Sense of Congress on Wide-field Infrared Survey Telescope.
This section would state the sense of Congress that the
WFIRST mission has the potential to enable scientific
discoveries that will transform our understanding of the
universe and that NASA, to the extent practicable, should make
progress on the technologies and capabilities needed to meet
the objectives, as outlined in the 2010 National Academies of
Sciences, Engineering and Medicine's Astronomy and Astrophysics
Decadal Survey, in a way that maximizes the scientific
productivity of meeting those objectives for the resources
invested.
Section 505. Sense of Congress on Mars 2020 rover.
This section would state the sense of Congress that the
Mars 2020 mission should remain a priority for NASA and that
the mission should significantly increase our understanding of
Mars, should help determine whether life previously existed on
that planet, and should provide opportunities to gather
knowledge and demonstrate technologies that address the
challenges of future human expeditions to Mars.
Section 506. Europa.
This section would state that Congress finds that: studies
of Europa indicate that Europa may provide a habitable
environment; NASA scientists observed water vapor around the
south polar region of Europa, which provide potential evidence
of water plumes in that region; the Europa mission has, for
decades, consistently ranked as a high priority mission for the
scientific community; and the Europa mission was ranked as the
top priority mission in the previous Planetary Science Decadal
Survey and ranked as the second-highest priority in the current
Planetary Science Decadal Survey.
Further, this section would state the sense of Congress
that the Europa mission could provide another avenue in which
to capitalize on our Nation's current investment in the SLS
that would significantly reduce the transit time for such a
deep space mission and that a scientific, robotic exploration
mission to Europa, as prioritized in both Planetary Science
Decadal Surveys, should be supported.
Title VI - Maximizing efficiency
Subtitle A - Agency information technology and cybersecurity
Section 611. Information technology governance.
This section would direct several steps intended to improve
agency-wide management and oversight over information
technology operations and investments and information security
programs for the protection of NASA systems. To achieve this,
this section would require the Administrator of NASA to ensure
the NASA CIO has a significant role in such management and
oversight, require that the NASA CIO directly report to the
Administrator of NASA, and establish a monetary threshold for
NASA CIO project approval.
This section also would require the Administrator of NASA
to provide an information technology management framework to
increase the efficiency and effectiveness of information
technology investments using a metrics-based approach to reduce
duplication, waste, and cost, and improve the coordination
between the NASA CIO and the Centers, Mission Directorates, and
Mission Support Offices. This section also would direct a
review of information technology investments and consideration
of appropriate revisions to information technology boards and
councils.
Section 612. Information technology strategic plan.
The section would outline an information technology
strategic plan that would include: near and long-term goals and
objectives; a plan for how the agency will implement an agency-
wide centralized approach to information technology investments
and operations, including reducing barriers to cross-center
collaboration; increased coordination, efficiency and
effectiveness of information technology investments; improving
the information security of agency information systems; and
informing Congress of high risk projects and cybersecurity
risks.
Section 613. Cybersecurity.
This section would require the Administrator of NASA to
develop an agency-wide information security plan consistent
with requirements under the Federal Information Security
Management Act of 2002 (Public Law 107-296; 116 Stat. 2259).
The plan would be required to provide an overview of the
requirements of NASA systems, identification of roles and
responsibilities, and increased coordination among
organizational entities.
Section 614. Oversight implementation progress.
This section would require the Administrator of NASA to
provide an update to Congress on the response to or progress
made toward implementation of the security plan, as well as
toward any information security issues and recommendations
identified by the NASA Inspector General and GAO in the last 5
years.
Section 615. Software oversight.
This section would direct the Administrator of NASA to
develop a strategic plan to move away from legacy software,
develop an agency-wide software license management policy, and
direct an agency-wide inventory encompassing the agency's total
software licenses and spending, including costs, benefits,
usage, and trending data.
Section 616. Security management of foreign national access.
This section would require the Administrator of NASA to
notify the appropriate members of Congress when the agency has
implemented the information technology security recommendations
from the National Academy of Public Administration on foreign
national access management.
Section 617. Cybersecurity of web applications.
This section would direct the NASA CIO to develop a plan to
fully remediate security vulnerabilities of web applications
and implement the recommendation from the NASA Inspector
General to remove from the Internet or secure with a web
application firewall all agency web applications in development
or testing mode.
Subtitle B - Collaboration among mission directorates and other matters
Section 621. Collaboration among mission directorates.
This section would direct NASA to encourage an
interdisciplinary approach among all NASA mission directorates
and divisions, where appropriate, for projects or missions in
order to improve coordination, collaboration and early
planning, to determine areas of overlap or alignment, to find
ways to leverage across divisional perspectives to maximize the
outcomes, and to be more efficient with resources and funds.
Section 622. NASA launch capabilities collaboration.
This section would include the findings of Congress that:
the Launch Services Program is responsible for the acquisition,
management, and technical oversight of commercial launch
services for NASA's science and robotic missions; the
Commercial Crew Program is responsible for the acquisition,
management, and technical oversight of commercial crew
transportation systems; the Launch Services Program and
Commercial Crew Program have worked together to gain
exceptional technical insight into the contracted launch
service providers which are common to both programs; and the
co-location of the Launch Services Program and Commercial Crew
Program has allowed the Commercial Crew Program to efficiently
tap into the launch vehicle technical expertise and provide
engineering and analytical support to the Commercial Crew
Program.
Further, this section would state the sense of Congress
that the Launch Services Program and Commercial Crew Program
benefit from communication and coordination of launch
manifests, technical information, and common launch vehicle
insight between the programs and that communication and
coordination is enabled by the co-location of both programs.
Finally, this section would direct NASA to pursue a
strategy for acquisition of crewed transportation services and
non-crewed launch services that continues to enhance
communication, collaboration, and coordination between the
Launch Services Program and the Commercial Crew Program.
Section 623. Commercial space launch cooperation.
This section would find that Congress recognized the
benefit of commercial space launch cooperation between the
Federal Government and the private sector when it granted the
Secretary of Defense authority to foster cooperation between
the Department of Defense (DOD) and certain covered entities
relating to space transportation infrastructure. This section
also would express the sense of Congress that NASA should take
into account the unique needs and obligations that multi-user,
public State spaceports may have with the State government, as
well as current and prospective contractual agreements with
commercial and government customers when developing and
carrying out agreements made under this new provision. Further,
this section would state that the authority granted under this
section is not intended to supersede or conflict with current
law.
This section would amend chapter 505 of title 51, United
States Code, to give NASA authority similar to the DOD
authority discussed in the sense of Congress to enter into an
agreement with a covered entity to provide the covered entity
with support and services related to the space transportation
infrastructure of NASA in order to achieve certain objectives.
Further, the amendment made by this section would allow NASA to
enter into an agreement with a covered entity on a cooperative
and voluntary basis to accept payments for improvements to the
space transportation infrastructure and contributions of
services and equipment in specific scenarios. The amendment
made by this section also would set certain requirements with
respect to these agreements.
Contributions made by a covered entity under the new
section 50507 of title 51, United States Code, would not be
allowable costs (direct or indirect) against another contract
or agreement with the Government. The Committee is aware of
concerns brought forward by some stakeholders regarding
agreements between covered entities that entering into an
agreement under this authority may limit their ability to
recover the cost of their contribution through ``any other
agreement with the United States.'' More specifically, the
concern was raised about the ability of a covered entity to
utilize infrastructure or services made possible under the new
section 50507 in the fulfillment of fair market price contracts
with the United States Government. For example, if NASA is
building a new ground station, and a ``covered entity''
contributes to the costs of its construction the covered entity
may be unable to recoup funds from another agreement if this
new ground system is utilized during a launch for NASA.
Section 624. Detection and avoidance of counterfeit parts.
This section would state that Congress finds: that in 2012
an investigation by the Committee on Armed Services of the
Senate on counterfeit electronic parts in the DOD supply chain
from 2009 to 2010 involved 1,800 cases and exceeded 1,000,000
counterfeit parts, risking the lives and security of U.S.
service members and threatening national security; and that in
three reports since 2010, the GAO identified risks and
challenges associated with counterfeit parts and counterfeit
prevention at both DOD and NASA, including inconsistent
definitions of counterfeit parts and poorly targeted quality
control practices, as well as potential barriers to
improvements to these practices. Additionally, this section
would state the sense of Congress that counterfeit electronic
parts in the NASA supply chain represent a danger to government
astronauts, crew, and other personnel and a risk to the agency
overall.
This section would require NASA to revise the NASA
Supplement to the Federal Acquisition Regulation to address the
detection and avoidance of counterfeit electronic parts and to
meet the specific requirements outlined in this section not
later than 270 days after the date of enactment this Act.
Section 625. Education and outreach.
This section would state the sense of Congress that: U.S.
competitiveness in the 21st century requires engaging the
science, technology, engineering, and mathematics (STEM) talent
in all States; NASA is uniquely positioned to educate and
inspire students and the broader public on STEM subjects and
careers; NASA has been effective in delivering educational
content because of the strong engagement of NASA scientists and
engineers in its education and outreach activities; and NASA's
education and outreach programs reflect its successful
commitment to growing and diversifying the national science and
engineering workforce.
This section also would authorize NASA to continue
engagement with the public and education opportunities for
students through all of its mission directorates to the maximum
extent practicable. Finally, this section would require NASA,
no later than 60 days after the date of enactment of this Act,
to submit a report to the appropriate committees of Congress on
its near-term outreach plans for advancing space law education.
Section 626. Leveraging commercial satellite servicing capabilities
across mission directorates.
This section would state that Congress finds that: NASA
will benefit from refueling and relocating aging satellites to
extend their operational lifetimes; this capability is
important for lowering the costs of ongoing scientific,
national security, and commercial satellite operations; and the
technologies involved in satellite servicing are all critical
capabilities to support a human exploration mission to Mars.
Further, this section would express the sense of Congress that:
satellite servicing is a vital capability that will bolster the
capacity and affordability of NASA's ongoing scientific and
human exploration operations, and enhance the ability of
domestic companies to compete in the global marketplace; and
the future of NASA satellites and spacecraft across mission
directorates should be constructed in a manner that allows for
servicing in order to maximize operational longevity and
affordability.
This section also would require NASA to identify orbital
assets in both the Science Mission Directorate and the Human
Exploration and Operations Mission Directorate that could
benefit from satellite servicing-related technologies.
Additionally, this section would require NASA to work across
all of its mission directorates to evaluate opportunities for
the private sector to perform such services or advance
technical capabilities by leveraging the technologies and
techniques developed by both NASA programs and other industry
programs.
Section 627. Flight opportunities.
This section would direct NASA, as the Administrator of
NASA considers appropriate, to expand the development of
technology payloads for scientific research and investigating
new or improved capabilities. Additionally, this section would
require NASA to make funds available for flight testing,
payload development, and hardware related to the development of
new technology payloads and investigating improved
capabilities. Finally, this section would reaffirm the policy
found in the 2010 Act that NASA should provide flight
opportunities for payloads to microgravity environments and
suborbital altitudes.
Section 628. Sense of Congress on small class launch missions.
This section would express the sense of Congress that
Venture Class Launch Services contracts awarded under the
Launch Services Program will expand opportunities for future
dedicated launches of CubeSats and other small satellites.
Additionally, this section would state the sense of Congress
that small orbital science missions and the principal
investigator-led small orbital science missions offer valuable
opportunities to advance science at low cost, train the next
generation of scientists and engineers, and enable participants
to acquire skills in systems engineering and systems
integration. It also would express the sense of Congress that
these factors are critical to maintaining United States
leadership in space and for enhancing United States innovation
and competitiveness abroad.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 51. NATIONAL AND COMMERCIAL SPACE PROGRAMS
SUBTITLE II. GENERAL PROGRAM AND POLICY PROVISIONS
CHAPTER 201. NATIONAL AERONAUTICS AND SPACE PROGRAM
SUBCHAPTER III. GENERAL ADMINISTRATIVE PROVISIONS
Sec. 20148. Indemnification; NASA launch services and reentry services
(a) In General.--Under such regulations in conformity with
this section as the Administrator shall prescribe taking into
account the availability, cost, and terms of liability
insurance, any contract between the Administration and a
provider may provide that the United States will indemnify the
provider against successful claims (including reasonable
expenses of litigation or settlement) by third parties for
death, bodily injury, or loss of or damage to property
resulting from launch services and reentry services carried out
under the contract that the contract defines as unusually
hazardous or nuclear in nature, but only to the extent the
total amount of successful claims related to the activities
under the contract--
(1) is more than the amount of insurance or
demonstration of financial responsibility described in
subsection (c)(3); and
(2) is not more than the amount specified in section
50915(a)(1)(B).
(b) Terms of Indemnification.--A contract made under
subsection (a) that provides indemnification shall provide
for--
(1) notice to the United States of any claim or suit
against the provider for death, bodily injury, or loss
of or damage to property; and
(2) control of or assistance in the defense by the
United States, at its election, of that claim or suit
and approval of any settlement.
(c) Liability Insurance of the Provider.--
(1) In general.--The provider under subsection (a)
shall obtain liability insurance or demonstrate
financial responsibility in amounts to compensate for
the maximum probable loss from claims by--
(A) a third party for death, bodily injury,
or property damage or loss resulting from a
launch service or reentry service carried out
under the contract; and
(B) the United States Government for damage
or loss to Government property resulting from a
launch service or reentry service carried out
under the contract.
(2) Maximum probable losses.--
(A) In general.--The Administrator shall
determine the maximum probable losses under
subparagraphs (A) and (B) of paragraph (1) not
later than 90 days after the date that the
provider requests such a determination and
submits all information the Administrator
requires.
(B) Revisions.--The Administrator may revise
a determination under subparagraph (A) of this
paragraph if the Administrator determines the
revision is warranted based on new information.
(3) Amount of insurance.--For the total claims
related to one launch or reentry, a provider shall not
be required to obtain insurance or demonstrate
financial responsibility of more than--
(A)(i) $500,000,000 under paragraph (1)(A);
or
(ii) $100,000,000 under paragraph
(1)(B); or
(B) the maximum liability insurance available
on the world market at reasonable cost.
(4) Coverage.--An insurance policy or demonstration
of financial responsibility under this subsection shall
protect the following, to the extent of their potential
liability for involvement in launch services or reentry
services:
(A) The Government.
(B) Personnel of the Government.
(C) Related entities of the Government.
(D) Related entities of the provider.
(E) Government astronauts.
(d) No Indemnification Without Cross-waiver.--Notwithstanding
subsection (a), the Administrator may not indemnify a provider
under this section unless there is a cross-waiver between the
Administration and the provider as described in subsection (e).
(e) Cross-Waivers.--
(1) In general.--The Administrator, on behalf of the
United States and its departments, agencies, and
instrumentalities, shall reciprocally waive claims with
a provider under which each party to the waiver agrees
to be responsible, and agrees to ensure that its
related entities are responsible, for damage or loss to
its property, or for losses resulting from any injury
or death sustained by its employees or agents, as a
result of activities arising out of the performance of
the contract.
(2) Limitation.--The waiver made by the Government
under paragraph (1) shall apply only to the extent that
the claims are more than the amount of insurance or
demonstration of financial responsibility required
under subsection (c)(1)(B).
(f) Willful Misconduct.--Indemnification under subsection (a)
may exclude claims resulting from the willful misconduct of the
provider or its related entities.
(g) Certification of Just and Reasonable Amount.--No payment
may be made under subsection (a) unless the Administrator or
the Administrator's designee certifies that the amount is just
and reasonable.
(h) Payments.--
(1) In general.--Upon the approval by the
Administrator, payments under subsection (a) may be
made from funds appropriated for such payments.
(2) Limitation.--The Administrator shall not approve
payments under paragraph (1), except to the extent
provided in an appropriation law or to the extent
additional legislative authority is enacted providing
for such payments.
(3) Additional appropriations.--If the Administrator
requests additional appropriations to make payments
under this subsection, then the request for those
appropriations shall be made in accordance with the
procedures established under section 50915.
(i) Rules of Construction.--
(1) In general.--The authority to indemnify under
this section shall not create any rights in third
persons that would not otherwise exist by law.
(2) Other authority.--Nothing in this section may be
construed as prohibiting the Administrator from
indemnifying a provider or any other NASA contractor
under other law, including under Public Law 85-804 (50
U.S.C. 1431 et seq.).
(3) Anti-deficiency act.--Notwithstanding any other
provision of this section--
(A) all obligations under this section are
subject to the availability of funds; and
(B) nothing in this section may be construed
to require obligation or payment of funds in
violation of sections 1341, 1342, 1349 through
1351, and 1511 through 1519 of title 31, United
States Code (commonly referred to as the
``Anti-Deficiency Act'').
(j) Relationship to Other Laws.--The Administrator may not
provide indemnification under this section for an activity that
requires a license or permit under chapter 509.
(k) Definitions.--In this section:
(1) Government astronaut.--The term ``government
astronaut'' has the meaning given the term in section
50902.
(2) Launch services.--The term ``launch services''
has the meaning given the term in section 50902.
(3) Provider.--The term ``provider'' means a person
that provides domestic launch services or domestic
reentry services to the Government.
(4) Related entity.--The term ``related entity''
means a contractor or subcontractor.
(5) Reentry services.--The term ``reentry services''
has the meaning given the term in section 50902.
(6) Third party.--The term ``third party'' means a
person except--
(A) the United States Government;
(B) related entities of the Government
involved in launch services or reentry
services;
(C) a provider;
(D) related entities of the provider involved
in launch services or reentry services; or
(E) a government astronaut.
Sec. 20149. Medical monitoring and research relating to human space
flight
(a) In General.--Notwithstanding any other provision of law,
the Administrator may provide for the medical monitoring,
diagnosis, and treatment of a United States government
astronaut, or a former United States government astronaut or
payload specialist for conditions that the Administrator
considers associated with human space flight, including
scientific and medical tests for psychological and medical
conditions.
(b) Exclusions.--The Administrator may not--
(1) provide for medical monitoring, diagnosis, or
treatment of a United States government astronaut, or a
former United States government astronaut or payload
specialist, under subsection (a) for any psychological
or medical condition that is not associated with human
space flight; or
(2) require a former United States government
astronaut or payload specialist to participate in the
monitoring authorized under subsection (a).
(c) Privacy.--Consistent with applicable provisions of law
relating to privacy, the Administrator shall protect the
privacy of all medical records generated under subsection (a)
and accessible to the Administration.
(d) Regulations.--The Administrator shall promulgate such
regulations as are necessary to carry out this section.
CHAPTER 203. RESPONSIBILITIES AND VISION
Sec. 20302. Vision for space exploration
(a) In General.--The Administrator shall establish a program
to develop a sustained human presence in cis-lunar space or on
the Moon, including a robust precursor program, to promote
exploration, science, commerce, and United States preeminence
in space, and as a stepping-stone to future exploration of Mars
and other destinations. The Administrator is further authorized
to develop and conduct appropriate international collaborations
in pursuit of these goals.
[(b) Milestones.--The Administrator shall manage human space
flight programs to strive to achieve the following milestones
(in conformity with section 70502 of this title):
[(1) Returning Americans to the Moon no later than
2020.
[(2) Launching the Crew Exploration Vehicle as close
to 2010 as possible.
[(3) Increasing knowledge of the impacts of long
duration stays in space on the human body using the
most appropriate facilities available, including the
International Space Station.
[(4) Enabling humans to land on and return from Mars
and other destinations on a timetable that is
technically and fiscally possible.]
(b) Future Exploration of Mars.--The Administrator shall
manage human space flight programs, including the Space Launch
System and Orion, to enable humans to explore Mars and other
destinations by defining a series of sustainable steps and
conducting mission planning, research, and technology
development on a timetable that is technically and fiscally
possible, consistent with section 70504.
SUBTITLE V. PROGRAMS TARGETING COMMERCIAL OPPORTUNITIES
CHAPTER 501. SPACE COMMERCE
SUBCHAPTER II. PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
Sec. 50111. Commercialization of Space Station
* * * * * * *
(c) ISS Transition Plan.--
(1) In general.--The Administrator, in coordination
with the ISS management entity, ISS partners, the
scientific user community, and the commercial space
sector shall develop a plan to transition in a step-
wise approach from the current regime that relies
heavily on NASA sponsorship to a regime where NASA is
one of many customers of a low-Earth orbit commercial
human space flight enterprise.
(2) Reports.--Not later than December 1, 2017, and
triennially thereafter until 2023, the Administrator
shall submit to the appropriate committees of Congress
a report that includes--
(A) an identification of low-Earth orbit
capabilities necessary to meet the
Administration's deep space human space flight
exploration objectives and mission requirements
beyond the period of operation and utilization
of the ISS described in section 503 of the
National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18353), if
any;
(B) steps NASA is taking and will take,
including demonstrations that could be
conducted on the ISS, to stimulate and
facilitate commercial demand and supply of
products and services in low-Earth orbit;
(C) an assessment of current and projected
commercial activities in low-Earth orbit,
including on the ISS, and their potential for
meeting the capabilities identified in
subparagraph (A);
(D) an identification of barriers preventing
the commercialization of low-Earth orbit,
including issues relating to policy,
regulations, commercial intellectual property,
data, and confidentiality, that could inhibit
the use of the ISS as a commercial incubator;
(E) an evaluation of the feasible and
preferred service life of the ISS beyond the
period described in section 503 of the National
Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18353),
through at least 2028, as a unique scientific,
commercial, and exploration-related facility,
including--
(i) a general discussion of
international partner capabilities and
prospects for extending the
partnership, to include the potential
for participation by additional
countries, for the purposes of the
human development and exploration of
deep space;
(ii) a review of essential systems,
equipment upgrades, or potential
maintenance that would be necessary to
extend ISS operations and utilization;
(iii) an evaluation of the cost and
schedule requirements associated with
the development and delivery of
essential systems, equipment upgrades,
or potential maintenance identified
under clause (ii);
(iv) an identification of possible
international, academic, or industry
partner contributions, cost-share, and
program transitions to provide the
upgrades identified under clause (ii);
(v) impacts on the goals and
objectives of the ISS National
Laboratory and the management entity
responsible for operation of the ISS
National Laboratory;
(vi) impacts on services provided by
the Commercial Resupply Services and
Commercial Crew Program to the ISS;
(vii) impacts on the use of the ISS
as a testbed to transition functions of
the ISS to the commercial space sector
and enhance economic development of
low-Earth orbit, including the
evolution of self-sustaining commercial
activities;
(viii) an assessment on the technical
limiting factor of the ISS lifetime,
including a list of critical components
and their expected lifetime and
availability;
(ix) an evaluation of the potential
for expanding the use of ISS facilities
to accommodate the needs of researchers
and other users, including changes to
policies, regulations, and laws that
would stimulate greater private and
public involvement on the ISS; and
(x) such other information as may be
necessary to fully describe the
justification for and feasibility of
extending the service life of the ISS,
including the potential scientific or
technological benefits to the Federal
Government or public, or to academic or
commercial entities;
(F) an evaluation of the functions, roles,
and responsibilities for management and
operation of the ISS and a determination of--
(i) those functions, roles, and
responsibilities the Federal Government
should retain during the lifecycle of
the ISS;
(ii) those functions, roles, and
responsibilities that could be
transferred to the commercial space
sector;
(iii) the metrics that would indicate
the commercial space sector's readiness
and ability to assume the functions,
roles, and responsibilities described
in clause (ii); and
(iv) any necessary changes to any
agreements or other documents and the
law to enable the activities described
in subparagraphs (B) and (C); and
(G) progress on meeting human exploration
research objectives on ISS and prospects for
accomplishing future exploration and other
research objectives on future commercially
supplied low-Earth orbit platforms or migration
of those objectives to cis-lunar space.
(3) Demonstrations.--Demonstrations identified under
paragraph (2) may--
(A) test the capabilities described in
paragraph (2)(A); and
(B) demonstrate or test capabilities,
including commercial modules or deep space
habitats, Environmental Control and Life
Support Systems, orbital satellite assembly,
exploration space suits, a node that enables a
wide variety of activity, including multiple
commercial modules and airlocks, additional
docking or berthing ports for commercial crew
and cargo, opportunities for the commercial
space sector to cost share for transportation
and other services on the ISS, and other
commercial activities.
CHAPTER 505. COMMERCIAL SPACE COMPETITIVENESS
Sec. 50507. Commercial launch cooperation
(a) Authority for Agreements Relating to Space Transportation
Infrastructure.--The Administrator--
(1) may enter into an agreement with a covered entity
to provide the covered entity with support and services
related to the space transportation infrastructure of
the Administration--
(A) to maximize the use of the space
transportation infrastructure of the
Administration by the private sector in the
United States;
(B) to maximize the effectiveness and
efficiency of the space transportation
infrastructure of the Administration;
(C) to reduce the cost of services provided
by the Administration related to space
transportation infrastructure at launch support
facilities and space recovery support
facilities; and
(D) to encourage commercial space activities
by enabling investment by covered entities in
the space transportation infrastructure of the
Administration; and
(2) at the request of the covered entity, may include
that support and services in the contracted space
launch and reentry range support requirements of the
Administration if--
(A) the Administrator determines that
including that support and services in the
requirements--
(i) is in the best interest of the
Federal Government;
(ii) does not interfere with the
requirements of the Administration;
(iii) does not compete with the
commercial space activities of other
covered entities; and
(iv) does not result in the
Administration retaining ownership of
assets which are no longer needed to
meet a programmatic mission of the
Administration; and
(B) any commercial requirement included in
the agreement has full non-Federal funding
before the execution of the agreement.
(b) Contributions.--
(1) In general.--The Administrator may enter into an
agreement with a covered entity on a cooperative and
voluntary basis to accept funds, services, and
equipment to carry out the purposes in subsection
(a)(1).
(2) Use of contributions.--Any funds, services, or
equipment accepted by the Administrator under this
subsection--
(A) may be used only for the objectives
specified in this section in accordance with
terms of use set forth in the agreement entered
into under this subsection; and
(B) shall be managed by the Administrator in
accordance with procedures prescribed under
subsection (d).
(3) Requirements with respect to agreements.--An
agreement entered into with a covered entity under this
subsection shall--
(A) address the terms of use, ownership, and
disposition of the funds, services, or
equipment contributed under the agreement;
(B) include a provision that the covered
entity will not recover the costs of its
contribution through any other agreement with
the United States; and
(C) include a provision that the contribution
of a covered entity will not preclude access to
or use by another covered entity.
(c) Annual Report.--Not later than January 31 of each year,
the Administrator shall submit to the appropriate committees of
Congress a report on the process used to establish agreements
under subsections (a) and (b), including noticing announcements
of opportunities and criteria for selecting a covered entity,
and the funds, services, and equipment accepted and used by the
Administrator under this section during the preceding fiscal
year.
(d) Procedures.--The Administrator shall prescribe procedures
to carry out this section consistent with sections 50504 and
50913.
(e) Definitions.--In this section:
(1) Covered entity.--In this section, the term
``covered entity'' means--
(A) a non-Federal entity that--
(i) is organized under the laws of
the United States or of any
jurisdiction within the United States;
and
(ii) is engaged in commercial space
activities; or
(B) an entity that controls, is controlled
by, or is under common control with, a non-
Federal entity described in subparagraph (A).
(2) Launch support facilities.--The term ``launch
support facilities'' has the meaning given the term in
section 50501.
(3) Space recovery support facilities.--The term
``space recovery support facilities'' has the meaning
given the term in section 50501.
(4) Space transportation infrastructure.--The term
``space transportation infrastructure'' has the meaning
given that term in section 50501.
SUBTITLE VII. ACCESS TO SPACE
CHAPTER 705. EXPLORATION INITIATIVES
Sec. 70502. Exploration plan and programs
The Administrator shall--
(1) construct an architecture and implementation plan
for the Administration's human exploration program that
is not critically dependent on the achievement of
milestones by fixed dates;
[(2) implement an exploration technology development
program to enable lunar human and robotic operations
consistent with section 20302(b) of this title,
including surface power to use on the Moon and other
locations;]
(2) implement an exploration research and technology
development program to enable human and robotic
operations consistent with section 20302(b) of this
title;
(3) conduct an in-situ resource utilization
technology program to develop the capability to use
space resources to increase independence from Earth,
and sustain exploration beyond low-Earth orbit; and
(4) pursue aggressively automated rendezvous and
docking capabilities that can support the International
Space Station and other mission requirements.
[Sec. 70504. Stepping stone approach to exploration
[In order to maximize the cost-effectiveness of the long-term
exploration and utilization activities of the United States,
the Administrator shall take all necessary steps, including
engaging international partners, to ensure that activities in
its lunar exploration program shall be designed and implemented
in a manner that gives strong consideration to how those
activities might also help meet the requirements of future
exploration and utilization activities beyond the Moon. The
timetable of the lunar phase of the long-term international
exploration initiative shall be determined by the availability
of funding. However, once an exploration-related project enters
its development phase, the Administrator shall seek, to the
maximum extent practicable, to complete that project without
undue delays.]
Sec. 70504. Stepping stone approach to exploration
(a) In General.--In order to maximize the cost-effectiveness
of the long-term exploration and utilization activities of the
United States, the Administrator shall take all necessary
steps, including engaging international, academic, and industry
partners to ensure that activities in the Administration's
human exploration program balance how those activities might
also help meet the requirements of future exploration and
utilization activities leading to human habitation on the
surface of Mars.
(b) Completion.--Within budgetary considerations, once an
exploration-related project enters its development phase, the
Administrator shall seek, to the maximum extent practicable, to
complete that project without undue delays.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF
2010
[Public Law 111-267; 124 Stat. 2805]
SEC. 202. GOALS AND OBJECTIVES.
[42 U.S.C. 18312]
[(a) Long Term Goal.--The long term goal of the human space
flight and exploration efforts of NASA shall be to expand
permanent human presence beyond low-Earth orbit and to do so,
where practical, in a manner involving international partners.]
(a) Long-term Goals.--The long-term goals of the human space
flight and exploration efforts of NASA shall be--
(1) to expand permanent human presence beyond low-
Earth orbit and to do so, where practical, in a manner
involving international, academic, and industry
partners; and
(2) the peaceful settlement of a location in space or
on another celestial body and a thriving space economy
in the 21st century.
(b) Key Objectives.--The key objectives of the United States
for human expansion into space shall be--
(1) to sustain the capability for long-duration
presence in low-Earth orbit, initially through
continuation of the ISS and full utilization of the
United States segment of the ISS as a National
Laboratory, and through assisting and enabling an
expanded commercial presence in, and access to, low-
Earth orbit, as elements of a low-Earth orbit
infrastructure;
(2) to determine if humans can live in an extended
manner in space with decreasing reliance on Earth,
starting with utilization of low-Earth orbit
infrastructure, to identify potential roles that space
resources such as energy and materials may play, to
meet national and global needs and challenges, such as
potential cataclysmic threats, and to explore the
viability of and lay the foundation for sustainable
economic activities in space;
(3) to maximize the role that human exploration of
space can play in advancing overall knowledge of the
universe, supporting United States national and
economic security and the United States global
competitive posture, and inspiring young people in
their educational pursuits[; and];
(4) to build upon the cooperative and mutually
beneficial framework established by the ISS partnership
agreements and experience in developing and undertaking
programs and meeting objectives designed to realize the
goal of human space flight set forth in subsection
(a)[.]; and
(5) to achieve human exploration of Mars, including
the establishment of a capability to extend human
presence, including potential human habitation, on the
surface of Mars.
SEC. 401. COMMERCIAL CARGO DEVELOPMENT PROGRAM.
[42 U.S.C. 18341]
The Administrator shall continue to support the existing
[Commercial Orbital Transportation Services] Commercial
Resupply Services program, aimed at enabling the commercial
space industry in support of NASA to develop reliable means of
launching cargo and supplies to the ISS throughout the duration
of the facility's operation. The Administrator may apply funds
towards the reduction of risk to the timely start of these
services, specifically--
(1) efforts to conduct a flight test;
(2) accelerate development; and
(3) develop the ground infrastructure needed for
commercial cargo capability.
[SEC. 803. OVERALL SCIENCE PORTFOLIO-SENSE OF CONGRESS.
[Public Law 111-267; 124 Stat. 2832]
[Congress reaffirms its sense that a balanced and adequately
funded set of activities, consisting of research and analysis
grants programs, technology development, small, medium, and
large space missions, and suborbital research activities,
contributes to a robust and productive science program and
serves as a catalyst for innovation.]
SEC. 803. OVERALL SCIENCE PORTFOLIO.
Congress restates its sense that--
(1) a balanced and adequately funded set of
activities, consisting of research and analysis grants
programs, technology development, suborbital research
activities, and small, medium, and large space
missions, contributes to a robust and productive
science program and serves as a catalyst for innovation
and discovery; and
(2) the Administrator should set science priorities
by following the guidance provided by the scientific
community through the National Academy of Sciences'
decadal surveys.
SEC. 1207. INFORMATION SECURITY.
[42 U.S.C. 18445]
(a) Agency-Wide Information Security Plan.--
(1) In general.--Not later than 1 year after the date
of enactment of the National Aeronautics and Space
Administration Transition Authorization Act of 2016,
the Administrator shall implement the information
security plan developed under paragraph (2) and take
such further actions as the Administrator considers
necessary to improve the information security system in
accordance with this section.
(2) Information security plan.--Subject to paragraphs
(3), (4), and (5), the chief information officer of
NASA, shall develop an agency-wide information security
plan to enhance information security for NASA
information and information infrastructure.
(3) Requirements.--In developing the plan under
paragraph (2), the chief information officer shall
ensure that the plan--
(A) is consistent with policies, standards,
guidelines, and directives on information
security under subchapter II of chapter 35 of
title 44, United States Code;
(B) is consistent with the standards and
guidelines under section 11331 of title 40,
United States Code; and
(C) meets applicable National Institute of
Standards and Technology information security
standards and guidelines.
(4) Approval.--The chief information officer shall
submit the plan to the Administrator for approval prior
to its implementation.
(5) Contents.--The plan shall include--
(A) an overview of the requirements of the
information security system;
(B) an agency-wide risk management framework
for information security;
(C) a description of the information security
system management controls and common controls
that are necessary to ensure compliance with
information security-related requirements;
(D) an identification and assignment of
roles, responsibilities, and management
commitment for information security at the
agency;
(E) coordination among organizational
entities, including between each center,
facility, mission directorate, and mission
support office, and among agency entities
responsible for different aspects of
information security;
(F) heightened consideration of the need to
protect the information security of mission-
critical systems and activities and high-impact
and moderate-impact information systems; and
(G) a schedule of frequent reviews and
updates, as necessary, of the plan.
[(a)](b) Monitoring Risk.--
(1) Update on system implementation.--Not later than
120 days after the date of enactment of this Act, and
on a biennial basis thereafter, the chief information
officer of NASA, in coordination with other national
security agencies, shall provide to the appropriate
committees of Congress--
(A) an update on efforts to implement a
system to provide dynamic, comprehensive, real-
time information regarding risk of unauthorized
remote, proximity, and insider use or access,
for all information infrastructure under the
responsibility of the chief information
officer, and mission-related networks,
including contractor networks;
(B) an assessment of whether the system has
demonstrably and quantifiably reduced network
risk compared to alternative methods of
measuring security[; and];
(C) an assessment of the progress that each
center and facility has made toward
implementing the system[.]; and
(D) an update on the agency's efforts to
apply additional information security
protections to secure high-impact and moderate-
impact information systems and mission-critical
systems and activities, including those systems
that control spacecraft and maintain critical
data sources.
(2) Existing assessments.--The assessments required
of the Inspector General under section [3545] 3555 of
title 44, United States Code, shall evaluate the
effectiveness of the system described in this
subsection.
[(b)](c) Information Security Awareness and Education.--
(1) In general.--In consultation with the Department
of Education, other national security agencies, and
other agency directorates, the chief information
officer shall institute an information security
awareness and education program for all operators and
users of NASA information infrastructure, with the goal
of reducing unauthorized remote, proximity, and insider
use or access.
(2) Program requirements.--
(A) The program shall include, at a minimum,
ongoing classified and unclassified threat-
based briefings, and automated exercises and
examinations that simulate common attack
techniques.
(B) All agency employees and contractors
engaged in the operation or use of agency
information infrastructure shall participate in
the program.
(C) Access to NASA information infrastructure
shall only be granted to operators and users
who regularly satisfy the requirements of the
program.
(D) The chief human capital officer of NASA,
in consultation with the chief information
officer, shall create a system to reward
operators and users of agency information
infrastructure for continuous high achievement
in the program.
[(c)](d) Information Infrastructure Defined.--In this
section, the term ``information infrastructure'' means the
underlying framework that information systems and assets rely
on to process, transmit, receive, or store information
electronically, including programmable electronic devices and
communications networks and any associated hardware, software,
or data.
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